Discussion Commercially Commissioned Work?

[FlameRooster]

So, I have a question.

If you commission an artist for example to make you art for your game, and the artist agrees you can use it for commercial use (a private message that he said you can use it commercially, not a contract), can the artist later down the line mess you up and have you strip all the art away from the game or get you to pay a % of what you are making from the game if he gets greedy or something for whatever reason?

I ask this because I have been commissioning artists to do art for my games and I didn't give a second thought about them messing me up down in the future if I were to become successful.

I got permission from them before commissioning them that I can use their art commercially for my game and that I would be making money off of their art on my Patreon.

What do you guys think? I just don't want to get screwed up in the future.

I thought about a commercial rights agreement document for them to sign, but the paper work and etc is pretty complicated, at least for me.

Do you guys think I should take a screen shot of them saying it is okay for me to use their art commercially? Would a screenshot even do anything?


Thanks!

 

[Bearman_18]

I don't know about the rest of it, but a screen shot means nothing. After all, "inspect" exists.
https://i.gyazo.com/b30abaa1f4496f3009ed9f3f23dc72f3.png

 

[FlameRooster]

I don't know about the rest of it, but a screen shot means nothing. After all, "inspect" exists.

So even if they agree I can use it commercially, they can pull my rights at any time from using their art?

They do usually make me pay like an extra $10 or more to use their art commercially.

 

[Bearman_18]

I really have no clue. This sounds evil, but can they prove that the art is theirs?

 

[FlameRooster]

I really have no clue. This sounds evil, but can they prove that the art is theirs?

I can't draw good like they can, and they I am sure can just replicate the drawing to prove it is theirs.

The art is also in their portfolio, and they have a watermark thing on it.

 

[Bearman_18]

I don't know what to say, then. You'll either have to trust the person or do the paperwork, but again, I have no idea. You can always show people the conversation if you need to.

 

[Mercerenies]

IANAL

A message saying "you can use the work for this" is an implied contract, at least here in the US. An explicit contract is still better. Have them sign something, or at the very least state things in very formal (legal) terms and have them expressly agree to it. Make sure all communications happen on a medium with a paper trail (e.g., email exists both on your computer, the artist's computer, and several third party servers in between, making it trickier to fake).

/IANAL

 

[FlameRooster]

IANAL

A message saying "you can use the work for this" is an implied contract, at least here in the US. An explicit contract is still better. Have them sign something, or at the very least state things in very formal (legal) terms and have them expressly agree to it. Make sure all communications happen on a medium with a paper trail (e.g., email exists both on your computer, the artist's computer, and several third party servers in between, making it trickier to fake).

/IANAL

So, how contracts work from what I was just researching, is that I write up the contract, both the artist and I sign it, and then the contract becomes active once both signatures are on it? I don't need to get the contract verified or looked at for it to become active?

I just got to make sure to follow contract rules like the artist isn't under 18, and it has to be formal writing?

If this is the case, it sounds simple enough.

 

[Cameron]

You have to use common sense and also echo what other businesses do, but most of all, don't come to a game developers forum for legal advice.

I know it costs money to hire a lawyer, so I don't expect you to do that, but what do you really expect to get out of posting here? Who's to say anyone is giving you good advice? As @Mercerenies mentioned, we are not lawyers.

Just use some common sense and don't be careless when it comes to legal agreements between you and an artists work. Do some research beyond posting in these forums. A few random people responding here can't possibly be the best you can do. I'm not trying to be a jerk but you have to be aware that this isn't your best avenue to answering this question. I know it's a pain in the butt to deal with the legal aspect of creative endeavors, but there are other, better avenues than requesting this info here.

Obviously the best avenue would be to hire a lawyer to answer your questions and put together a legally binding document for you to have artists to sign. Second best would be doing some googling yourself and putting together some documents from the internet for artists to sign and basically building some evidence up on your end so that if ever did go to court you could bring some evidence in front of a judge that shows your agreement. Do you even know for certain that the work these artists are providing is theirs? I once did business with an artist and after hundreds of dollars spent, we learned that they were stealing the work elsewhere and passing it off as their own and had we gone to release with the work we could have been in a lot of legal trouble, not from them but from the artists they were stealing from.

 

[Gamebot]

I'm NOT giving legal advice in anyway, unfortunately there is much room within many legal systems for interpretation. Thus needing a lawyer and going to court. Every lawyer I have talked to/used including copyright/patent, civil, and even supreme all agree on the same thing. Right or wrong it boils down to the judge. I would get a contractual lawyer with at least the following information in hand:

1. Permission to use the artists works with artists name and the type of work you are using along with the total price if any. If the artist says free write free. If the amount fluctuates make sure to include the location in which the art is being obtained from. If using more than one artist make sure you include his/her name(s).

2. The SPECIFIC reasons of using the art and what it is for. "Making a game" probably WON'T cut it. If the artist later decides that his/her art work was "inappropriately" used this could come back on you for not making this information clear. Therefore, include the type of game and brief description (Platformer adventure game in which our hero explores the vast dungeons..) the IDE should also be included. This is so the artist is aware of how the art work will be used.

3. Also include ALL distribution methods (Such as and not limited to Publishing company, Steam, Distribution stores...) including any amounts that you will be selling the works for. If not sure right not sure should be in the range. (Such as $5 - &20). Will the artist want a part of his/her share and % amount. Especially if it's $0.

4. Make sure your artist gets credit! Even if they say you don't need to. You may want to include where the name is ("Credits menu", Begining credits, end credits ect...)

Next see that lawyer to make sure nothing was missed for the best way to legally use wording. Wording could be your enemy. Good luck!

 

[FlameRooster]

Thank you guys for answering!

Yeah, I really am not knowledgeable with this legal stuff and I also didn't know where else to ask this kind of question. Sorry about that.

The more I read, the more it sounds like a huge chore just to setup the documents/lawyers and etc stuff up. (And it would probably cost a bit of money since lawyers aren't cheap)

I think what I am going to do, is continue to commission based on trust/reputation and while doing so, I will practice making my own art to eventually replace my artists. It seems like unless I want to forever risk commissioning people based on trust/reputation, I need to make all assets of the game myself. I need to own *everything* in the game. It is simple as that, in my opinion.

Thank you guys!!

 

[sitebender]

I can make a screen shot saying anything. The email on the server would verify it since it's an impartial third party, but then you'd need to get a court order to get that email.

 

[Mercerenies]

I would also like to point out this resource: Law.SE. Don't ask questions like this one on there, as it's a StackExchange site so "broad" questions tend to be frowned upon, but if you have specific legal questions, that community can be helpful.